Institutions that have established contracts with or gifts from a foreign source totaling $250,000 or more in a calendar year have until January 31, 2025 to file a mandatory disclosure report with the Department of Education. Schools must submit their Section 117 disclosure reports through the Foreign Gifts Reporting Portal to remain compliant with the Higher Education Act of 1965.
Who is required to complete the disclosure?
Schools required to complete the forms include those that are:
- legally authorized within such State to provide a program of education beyond secondary school;
- provides a program for which the institution awards a bachelor’s degree (or provides not less than a 2 year program which is acceptable for full credit toward such a degree) or more advanced degrees; and
- is accredited by a nationally recognized accrediting agency or association and to which institution Federal financial assistance is extended (directly or indirectly through another entity or person), or which institution receives support from the extension of Federal financial assistance to any of the institution’s subunits.
How should you submit the disclosure report?
- As of June 22, 2020, institutions must report Section 117 information using the new reporting system, available at https://partners.ed.gov/ForeignGifts. Institutions should no longer report foreign gifts or contracts on the E-App in question 71
- For any technical questions or access issues related to the Section 117 reporting portal, contact our information technology office at ForeignGiftsAccess@ed.gov
- For all other questions about the U.S. Department of Education’s Section 117 efforts, contact our compliance team at ForeignSourceReporting@ed.gov
- For general information, guidance, and training related to Section 117, refer to the Section 117 Foreign Gift and Contract Reporting Topics page on the Knowledge Center
What happens if the disclosure is not submitted on time?
If a school fails to discharge the statutory obligations of Section 117, the Secretary of Education may request the Department of Justice to undertake a civil action in federal district court.
The information collection is subject to 18 U.S.C. § 1001, which provides that whoever knowingly and willfully falsifies, conceals, or covers up by any trick, scheme, or device a material fact; makes any materially false, fictitious, or fraudulent statement or representation; or makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry, may be subject to fines and imprisonment.